In a bail petition under Sections 8(c), 20(b)(ii), 29(1), and 25 of the NDPS Act, the High Court dismissed the application due to the petitioner's history as a sheeter and the advanced stage of the trial. The Court directed the trial court to complete the trial within three months.
Bail granted; no. Directed to trial court to complete trial within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P.No. 28437 of 2023
Crl.O.P.No. 28437 of 2023
T.V.THAMILSELVI, J.
The petitioner, who was arrested and remanded to judicial custody on 31.03.2022 for the alleged offence under Sections 8(c) r/w 20(b)(ii) C & 29(1) of NDPS Act and later it was altered into Sec.8(c), 20(b)(ii)(C), 29(1), 25 of NDPS Act in C.C.No. 171 of 2022 pending on the file of Principal Special Judge under EC and NDPS Act at Chennai in Crime No.178 of 2022, on the file of the respondent police, seeks bail.
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Crl.O.P.No. 28437 of 2023
fifth petition seeking for bail and he is in judicial custody from 30.03.2022 for more than 500 days. He would submit that there is no specific overtact attributed against this petitioner. He would submit that he has not at all committed any offence as alleged by the respondent police and he is no way connected with the occurrence. He would further submit that the investigation is almost completed. Hence, he prayed to grant bail to the petitioner.
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Crl.O.P.No. 28437 of 2023
submissions made by both counsel and also considering gravity of offence committed by the petitioner and according to the prosecution, he is a main person indulging in possession of commercial quantity of contraband and all the witnesses examined and almost the trial is completed and now the case is posted for arguments and also considering the fact that at the stage of arguments, if he is released on bail, there is possibility of tampering the witnesses and hampering the investigation, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. However, since the accused is in judicial custody for more than 500 days, the trial court is directed to complete the trial and dispose the case as early as possible not less than the period of three months without giving unnecessary adjournment from the date of receipt of copy of this order.
02.01.2024
rpp
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Crl.O.P.No. 28437 of 2023
T.V.THAMILSELVI, J.
rpp
Crl.O.P.No. 28437 of 2023
02.01.2024
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2 issues framed by the court
Whether bail should be granted to the petitioner who is in judicial custody for over 500 days in an NDPS case where trial is nearly complete.
Whether the trial court is directed to expedite the conclusion of the trial to prevent further delay beyond the period of reasonable custody.
Colour shows how this judgement treated each authority
Not citedReferred
2 provisions across 1 enactments
T.V.TAMILSELVI
Respondent Police
T.V.THAMILSELVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
